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The New Delhi Municipal Council Act, 1994
The New Delhi Municipal Council Act, 1994
Sections
CHAPTER 1
CHAPTER 1
Section 11. Short title, extent and commencement.
Section 12. Definitions.
Section 2
CHAPTER II
CHAPTER II
Section 43. Establishment of the Council.
Section 34. Composition of the Council.
Section 45. Duration of the Council.
Section 56. Disqualification for membership of the Council.
Section 67. Oath or affirmation.
Section 78. Vacation of seat.
Section 89. Setting-up of committees.
Section 9
CHAPTER III
CHAPTER III
Section 1210. General powers of the Council.
Section 1011. Obligatory functions of the Council.
Section 1112. Discretionary functions of the Council.
Section 12
CHAPTER IV
CHAPTER IV
Section 1613. Appointment, etc, of the Chairperson.
Section 1314. Leave of absence of Chairperson.
Section 1415. Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson.
Section 1516. Salary and allowances of the Chairperson and members.
Section 1617. Service regulations of members.
Section 1718. Functions of the Chairperson.
Section 1819. Chairperson not to be interested in any contract, etc
Section 1920. Exercise of powers to be subject to sanction.
Section 20
CHAPTER V
CHAPTER V
Section 2521. Meetings.
Section 2122. First meeting of the Council.
Section 2223. Notice of meetings and business.
Section 2324. Quorum.
Section 2425. Presiding Officer.
Section 2526. Method of deciding questions.
Section 2627. Members not to vote on matter in which they are interested.
Section 2728. Right to attend meetings of Council and its committees, etc, and right of members and to ask questions in relation to the municipal government of New Delhi.
Section 2829. Keeping of minutes proceedings.
Section 2930. Circulation of minutes and inspection of minutes and reports of proceedings.
Section 3031. Forwarding minutes and reports of proceedings to the Administrator.
Section 3132. Validation of proceedings, etc.
Section 32
CHAPTER VI
CHAPTER VI
Section 3833. Appointment of certain officers.
Section 3334. Schedule of permanent posts and creation of temporary posts.
Section 3435. Restriction on employment of permanent officers and other employees.
Section 3536. Power to make appointments.
Section 3637. Officers and other employees not to undertake any extraneous work.
Section 3738. Officers and other employees not to be interested in any contract, etc
Section 3839. Punishment for municipal officers and other employees.
Section 3940. Consultation with the Union Public Service Commission.
Section 4041. Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.
Section 4142. Recruitment to category B and category C posts.
Section 4243. Power of Council to make regulations.
Section 43
CHAPTER VII
CHAPTER VII
Section 5044. Constitution of the New Delhi Municipal Fund.
Section 4445. New Delhi Municipal Fund to be kept in the State Bank of India.
Section 4546. Operation of the Accounts.
Section 4647. Payments not to be made unless covered by a budget-grant.
Section 4748. Duty of persons signing cheques.
Section 4849. Procedure when money not covered by a budget grant is expended.
Section 4950. Application of New Delhi Municipal Fund.
Section 5051. Temporary payments from the New Delhi Municipal Fund for works urgently required for the public service.
Section 5152. Investment of surplus moneys.
Section 5253. Constitution of Finance Commission.
Section 5354. Constitution of special funds.
Section 5455. Adoption of budget estimates.
Section 5556. Power of Council to alter budget estimates.
Section 5657. Power of Council to re-adjust income and expenditure during the year.
Section 5758. Account to be kept.
Section 5859. Audit.
Section 59
CHAPTER VIII
CHAPTER VIII
Section 6760. Taxes to be imposed by the Council under this Act.
Section 6061. Rates of property tax.
Section 6162. Premises in respect of which property tax is to be levied.
Section 6263. Determination of rateable value of lands and buildings assessable to property tax.
Section 6364. Charge for supply of water.
Section 6465. Taxation of Union properties.
Section 6566. Incidence of property tax.
Section 6667. Apportionment of liability for property tax when the premises are let or sub-let.
Section 6768. Recovery of property tax from occupiers.
Section 6869. Property tax a first charge on premises on which it is assessed.
Section 6970. Assessment list.
Section 7071. Evidential value of assessment list.
Section 7172. Amendment of assessment list.
Section 7273. Preparation of new assessment list.
Section 7374. Notice of transfers.
Section 7475. Notice of erection of building, etc
Section 7576. Notice of demolition or removal of buildings.
Section 7677. Power of Chairperson to call for information and returns and to enter and inspect premises.
Section 7778. Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property.
Section 7879. Assessment in case of amalgamation of premises.
Section 7980. Power of Chairperson to assess separately outhouses and portions of buildings.
Section 8081. Power of Chairperson to employ valuers.
Section 8182. Tax on certain vehicles and animals and rates thereof.
Section 8283. The tax on whom leviable.
Section 8384. Tax when payable.
Section 8485. Power of Chairperson to compound with livery stable keeper, etc, for tax.
Section 8586. Theatre-tax.
Section 8687. Liability to pay theatre-tax.
Section 8788. Tax on advertisements.
Section 8889. Prohibition of advertisements without written permission of the Chairperson.
Section 8990. Permission of the Chairperson to become void in certain cases.
Section 9091. Presumption in case of contravention.
Section 9192. Power of Chairperson in case of contravention.
Section 9293. Duty on transfer of property and method of assessment thereto.
Section 9394. Provisions applicable on the introduction of transfer duty.
Section 9495. Tax on building applications.
Section 9596. Imposition of other taxes.
Section 9697. Supplementary taxation.
Section 9798. Time and manner of payment of taxes.
Section 9899. Presentation of bill.
Section 99100. Notice of demand and notice fee.
Section 100101. Penalty in case of default of payment of taxes.
Section 101102. Recovery of tax.
Section 102103. Distress.
Section 103104. Disposal of distrained property and attachment and sale of immovable property.
Section 104105. Recovery from a person about to leave New Delhi or Delhi.
Section 105106. Power to institute suit for recovery.
Section 106107. Power of seizure of vehicles and animals in case of non-payment of tax thereon.
Section 107108. Occupiers may be required to pay rent towards satisfaction of property tax.
Section 108109. Demolition, etc, of buildings.
Section 109110. Remission or refund of tax.
Section 110111. Power to require entry in assessment list of details of buildings.
Section 111112. Notice to be given of the circumstances in which remission or refund is claimed.
Section 112113. What buildings are to be deemed vacant.
Section 113114. Notice to be given of every occupation of vacant land or building.
Section 114115. Appeal against assessment, etc
Section 115116. Conditions of right to appeal.
Section 116117. Condonation of delay in preferring the appeal.
Section 117118. Finality of appellate orders.
Section 118119. Power to inspect for purposes of determining rateable value or tax.
Section 119120. Composition.
Section 120121. Irrecoverable debts.
Section 121122. Obligation to disclose liability.
Section 122123. Immaterial error not to affect liability.
Section 123124. General power of exemption.
Section 124125. Payment of proceeds of entertainment and betting taxes to Council.
Section 125
CHAPTER IX
CHAPTER IX
Section 134126. Power of Council to borrow.
Section 126127. Time for repayment of money borrowed under section 126.
Section 126128. Form and effect of debenture.
Section 128129. Payment to survivors of joint payees.
Section 129130. Receipt by joint holders for interest or dividend.
Section 130131. Maintenance and investment of sinking funds.
Section 131132. Application of sinking funds.
Section 132133. Annual statement by Chairperson.
Section 133134. Power of Council to consolidate loans.
Section 134135. Priority of payment for interest and repayment of loans over other payments.
Section 135136. Power to make regulations.
Section 136
CHAPTER X
CHAPTER X
Section 146137. Acquisition of property.
Section 137138. Acquisition of immovable property by agreement.
Section 138139. Procedure when immovable property cannot be acquired by agreement.
Section 139140. Disposal of movable property.
Section 140141. Disposal of immovable property.
Section 141142. Contracts by the Council.
Section 142143. Procedure for making contracts.
Section 143144. Mode of executing contracts.
Section 144
CHAPTER XI
CHAPTER XI
Section 155145. Definitions.
Section 145146. Council may carry out surveys and formulate proposals.
Section 146147. Functions in relation to water supplies.
Section 147148. Water supplied for domestic purposes not to be used for non-domestic purposes.
Section 148149. Supply of water for domestic purposes not to include any supply for certain specified purposes.
Section 149150. Power to supply water for non-domestic purposes.
Section 150151. Use of water for extinguishing fire.
Section 151152. Power to require water supply to be taken.
Section 152153. New premises not to be occupied without arrangement for water supply.
Section 153154. Public gratuitous water supply.
Section 154155. Power to lay mains.
Section 155156. Power to lay service pipes, etc
Section 156157. Provision of fire hydrants.
Section 157158. Supply of water.
Section 158159. Laying of supply pipes, etc
Section 159160. Power to require separate service pipes.
Section 160161. Stopcocks.
Section 161162. Power of Chairperson to provide meters.
Section 162163. Presumption as to correctness of meters.
Section 163164. Prohibition of waste or misuse of water.
Section 164165. Power to enter premises to detect waste or misuse of water.
Section 165166. Power to test water fittings.
Section 166167. Power to close or restrict use of water from polluted source of supply.
Section 167168. Water pipes, etc.
Section 168169. Power to cut off private water supply or to turn off water.
Section 169170. Joint and several liability of owners and occupiers for offence in relation to water supply.
Section 170171. Public drains, etc., to vest in the Council.
Section 171172. Control of drains and sewage collection works.
Section 172173. Certain matters not to be passed into municipal drains.
Section 173174. Application by owners and occupiers to drain into municipal drains.
Section 174175. Drainage of and rained premises.
Section 175176. New premises not to be erected without drains.
Section 176177. Power to drain group or block of premises by combined operations.
Section 177178. Power of Chairperson to close or limit the use of private drains in certain cases.
Section 178179. Use of drain by a person other than the owner.
Section 179180. Sewage and rain water drains to be distinct.
Section 180181. Power of Chairperson to require own to carry out certain works for satisfactory drainage.
Section 181182. Appointment of places for the emptying of drains and collection of sewage.
Section 182183. Connection with water works and drains not to be made without permission.
Section 183184. Buildings railways and private streets not to be erected or constructed over drains or water works without permission.
Section 184185. Rights of user of property for aqueducts, lines, etc.
Section 185186. Power of owner of premises to place pipes and drains through land belonging to other persons.
Section 186187. Power to require railway level, etc., to be raised or lowered.
Section 187188. Power of Chairperson to execute work after giving notice to the person liable.
Section 188189. Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool.
Section 189190. Power of Chairperson to examine and test drains, etc., believed to be defective.
Section 190191. Bulk receipt of water and delivery of sewage by the Council.
Section 191192. Employment of Government agencies for repairs, etc.
Section 192193. Work to be done by licensed plumber.
Section 193194. Prohibition of certain acts.
Section 194
CHAPTER XII
CHAPTER XII
Section 206195. Functions in relation to electricity supply.
Section 195196. Additional functions in relation to electricity supply.
Section 196197. Council to have powers and obligations of licensee under Act 9 of 1910.
Section 197198. Restriction on building and other acts interfering with the works of electric supply.
Section 198199. Power of Council to make arrangements with licensees.
Section 199200. Charges for supply of electricity.
Section 200201. Bulk receipt of electricity by the Council.
Section 201
CHAPTER XIII
CHAPTER XIII
Section 214202. Vesting of public streets in the Council.
Section 202203. Functions of Chairperson in respect of public streets.
Section 203204. Disposal of land forming site of public streets permanently closed.
Section 204205. Power to make new public streets.
Section 205206. Minimum width of new public streets.
Section 206207. Power to prohibit or regulate use of public streets for certain kind of traffic.
Section 207208. Power to acquire lands and buildings for public streets and for public parking places.
Section 208209. Defining the regular line of streets.
Section 209210. Setting back building to regular line of street.
Section 210211. Compulsory setting back of building to regular line of street.
Section 211212. Acquisition of open land and land occupied by platform, etc., within the regular line of street.
Section 212213. Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired.
Section 213214. Setting forward of buildings to the regular line of street.
Section 214215. Compensation to be paid in certain cases of setting back or setting forward of buildings, etc.
Section 215216. Owner' s obligation when dealing with land as building sites.
Section 216217. Lay-out plans.
Section 217218. Alteration or demolition of street made in breach of section 217.
Section 217219. Power of Chairperson to order work to be carried out or to carry it out himself in default.
Section 219220. Right of owner to require streets to be declared public.
Section 220221. Prohibition of projections upon streets, etc.
Section 221222. Projections over streets may be permitted in certain cases.
Section 222223. Ground floor doors, etc., not to open outwards on streets.
Section 223224. Prohibition of structures or fixtures which cause obstruction in street.
Section 224225. Prohibition of deposit, etc, of things in streets.
Section 225226. Power to remove anything deposited or exposed for sale in contravention of this Act.
Section 226227. Prohibition of the tethering of animals and milking of cattle.
Section 227228. Precautions during repair of streets.
Section 228229. Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
Section 229230. Disposal of things removed under this Chapter.
Section 230231. Naming and numbering of streets.
Section 231232. Chairperson to take steps for repairing or enclosing dangerous places.
Section 232233. Measures for lighting.
Section 233234. Prohibition of removal, etc., of lamps.
Section 234
CHAPTER XIV
CHAPTER XIV
Section 248235. General superintendence, etc., of the Central Government.
Section 235236. Definition.
Section 236237. Prohibition of building without sanction.
Section 237238. Erection of building.
Section 238239. Applications for additions to, or repairs of, buildings.
Section 239240. Conditions of valid notice.
Section 240241. Sanction or refusal of building or work.
Section 241242. When building or work may be proceeded with.
Section 242243. Sanction accorded under misrepresentation.
Section 243244. Buildings at corners of streets.
Section 244245. Provisions as to buildings and works on either side of new streets.
Section 245246. Period for completion of building or work.
Section 246247. Order of demolition and stoppage of buildings or works in certain cases and appeal.
Section 247248. Order of stoppage of buildings or works in certain cases.
Section 248249. Power of Chairperson to require alteration of work.
Section 249250. Power to seal unauthorised constructions.
Section 250251. Completion certificates.
Section 251252. Restrictions on uses of buildings.
Section 252253. Appellate Tribunal.
Section 253254. Appeals against certain orders or notices issued under the Act.
Section 254255. Procedure of the Appellate Tribunal.
Section 255256. Appeal against orders of Appellate Tribunal.
Section 256257. Bar of jurisdiction of courts.
Section 257258. Removal of dangerous buildings.
Section 258259. Power to order building to be vacated in certain circumstances.
Section 259260. Power of the Central Government to make bye-laws.
Section 260
CHAPTER XV
CHAPTER XV
Section 275261. Provision for daily cleansing of streets and removal of rubbish and filth.
Section 261262. Rubbish, etc., to be the property of the Council.
Section 262263. Provision or appointment of receptacles, depots and places for rubbish, etc.
Section 263264. Duty of owners and occupiers to collect and deposit rubbish, etc.
Section 264265. Collection and removal of filth and polluted matter.
Section 265266. Removal of rubbish, etc. accumulated on premises used as factories, workshop, etc..
Section 266267. Prohibition against accumulation of rubbish, etc.
Section 267268. Prohibition in respect of air pollutant.
Section 268269. Chairperson' s power to get premises scavenged and cleansed.
Section 269270. Public latrines, urinals, etc.
Section 270271. Construction of latrines and urinals.
Section 271272. Latrines and urinals, etc., in new buildings.
Section 272273. Latrines and urinals for labourers, etc.
Section 273274. Provision of latrines and urinals for markets, etc.
Section 274275. Other provisions as to private latrines.
Section 275276. Removal of congested buildings.
Section 276277. Power of Chairperson to require improvement of building unfit for human habitation.
Section 277278. Enforcement of notice requiring execution of works of improvement.
Section 278279. Power of Chairperson to order demolition of buildings unfit for human habitation.
Section 279280. Insanitary huts and sheds.
Section 280281. Prohibition against washing by washerman.
Section 281282. Obligation to give information of dangerous disease.
Section 282283. Removal to hospital of patients, suffering from dangerous disease.
Section 283284. Disinfection of buildings and articles.
Section 284285. Destruction of infectious huts or sheds.
Section 285286. Means of disinfection.
Section 286287. Special measures in case of out-break of dangerous or epidemic diseases.
Section 287288. Infected clothes not to be sent to washerman or to laundry.
Section 288289. Contamination and disinfection of public conveyance.
Section 289290. Driver of conveyance not bound to carry persons suffering from dangerous disease.
Section 290291. Disinfection of buildings before letting the same.
Section 291292. Disposal of infected articles without disinfection.
Section 292293. Prohibition of making or selling of food, etc, or washing of clothes by infected persons.
Section 293294. Power to restrict or prohibit sale of food or drink.
Section 294295. Control over wells and tanks, etc.
Section 295296. Duty of persons suffering from dangerous disease.
Section 296297. Disposal of infectious corpses where any person has died from any dangerous disease.
Section 297298. Conditions of service of sweepers and certain other class of persons employed in municipal service.
Section 298299. Conditions of service of sweepers employed for doing house scavenging.
Section 299300. Power to call for information regarding burning and burial grounds.
Section 300301. Permission for use of new burning or burial ground.
Section 301302. Power to require closing of burning and burial grounds.
Section 302303. Removal of corpses.
Section 303304. Disposal of dead animals.
Section 304
CHAPTER XVI
CHAPTER XVI
Section 320305. Appointment of Chief Registrar, etc.
Section 305306. Duties of registrar.
Section 306307. Information of births and deaths.
Section 307
CHAPTER XVII
CHAPTER XVII
Section 324308. Prohibition of nuisances.
Section 308309. Power of Chairperson to require removal or abatement of nuisance.
Section 309310. Registration and control of dogs.
Section 310311. Stacking or collecting inflammable materials.
Section 311312. Care of naked lights.
Section 312313. Discharging fireworks, fire-arms, etc.
Section 313314. Power to require buildings, wells, etc., to be rendered safe.
Section 314315. Enclosure of waste land used for improper purpose.
Section 315
CHAPTER XVIII
CHAPTER XVIII
Section 333316. Provision of municipal market.
Section 316317. Use of municipal markets and slaughter house.
Section 317318. Private markets.
Section 318319. Conditions of grant of licence for private market.
Section 319320. Prohibition of keeping market open without licence, etc.
Section 320321. Prohibition of use of unlicensed markets.
Section 321322. Prohibition of business and trade near a market.
Section 322323. Levy of stallages, rents and fees.
Section 323324. Power to expel disturbers, etc., from markets.
Section 324325. Butcher' s fish-monger' s and poulter's licence.
Section 325326. Factory, etc., not to be established without permission of the Chairperson.
Section 326327. Premises not to be used for certain purposes without licence.
Section 327328. Seizure of certain animals.
Section 328329. Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327.
Section 327330. Licences for hawking articles, etc.
Section 330331. Eating houses, etc, not to be used without licence from the Chairperson.
Section 331332. Licensing and control of theatres, circuses and places of public amusement.
Section 332333. Power of Chairperson to stop use of premises used in contravention of licences.
Section 333
CHAPTER XIX
CHAPTER XIX
Section 352334. Improvement scheme.
Section 334335. Matters to be provided for in an improvement scheme.
Section 335336. Submission of improvement scheme to the Council for approval and to the Central Government for sanction.
Section 336337. Rehousing scheme.
Section 337338. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan.
Section 338
CHAPTER XX
CHAPTER XX
Section 358339. Signature, conditions, duration, suspension, revocation, etc, of licences and written permissions.
Section 339340. Powers of entry and inspection.
Section 340341. Power to enter land adjoining land in relation to any work.
Section 341342. Breaking into building.
Section 342343. Time of making entry.
Section 343344. Consent ordinarily to be obtained.
Section 344345. Regard to be had to social or religious usages.
Section 345346. Prohibition of obstruction or molestation in execution of work.
Section 346347. Public notices how to be made known.
Section 347348. Newspapers in which advertisements or notices to be published.
Section 348349. Proof of consent, etc., of Chairperson.
Section 349350. Notices, etc., to fix reasonable time.
Section 350351. Signature on notices, etc., may be stamped.
Section 351352. Notices, etc. by whom to be served or issued.
Section 352353. Services of notices, etc.
Section 353354. Service of bills for tax or notice of demand by ordinary post.
Section 354355. Powers in case of non-compliance with notice, etc.
Section 355356. Liability of occupier to pay in default of owner.
Section 356357. Execution of work by occupier in default of owner and deduction of expenses from rent.
Section 357358. Relief to agents and trustees.
Section 358359. General power to compensation.
Section 359360. Compensation to be paid by offenders for damage caused by them.
Section 360361. Reference to the court of the district judge in certain cases.
Section 361362. Application to the court of the district judge in other cases.
Section 362363. Mode of recovery of certain dues.
Section 363364. Right of owner to apply to the court of the district judge in case of obstruction by occupier.
Section 364365. General powers and procedure of the court of the district judge.
Section 365366. Fees in proceedings before the court of the district judge.
Section 366367. Repayment of half fees on settlement before hearing.
Section 367368. Power of the court of the district judge to delegate certain powers and to make rules.
Section 368369. Punishment for certain offences.
Section 369370. General penalty.
Section 370371. Offences by companies.
Section 371372. Certain offences to be cognizable.
Section 372373. Prosecutions.
Section 373374. Composition of offences.
Section 374375. Municipal magistrates.
Section 375376. Cognizance of offences.
Section 376377. Limitation of time for prosecution.
Section 377378. Power of magistrate to hear cases in absence of accused when summoned to appear.
Section 378379. Complaints concerning nuisances.
Section 379380. Procedure to be followed by magistrate regarding complaints concerning nuisances.
Section 380381. Arrest of offenders.
Section 381382. Duties of police officers.
Section 382383. Power to institute, etc, legal proceedings and obtain legal advice.
Section 383384. Protection of action of the Council, etc.
Section 384385. Notice to be given of suits.
Section 385
CHAPTER XXI
CHAPTER XXI
Section 406386. Supplemental provisions respecting rules.
Section 386387. Supplemental provisions respecting regulations.
Section 387388. Power to make bye-laws.
Section 388389. Regulations and bye-laws to be laid before Parliament.
Section 389390. Penalty for breaches of bye-laws.
Section 390391. Supplemental provisions respecting bye-laws.
Section 391392. Bye-laws to be available for inspection and purchase.
Section 392
CHAPTER XXII
CHAPTER XXII
Section 414393. Government to require production of documents.
Section 393394. Inspection.
Section 394395. Directions by Central Government.
Section 395396. Power to provide for enforcement of direction under section 395.
Section 395397. Power of Central Government to give directions in relation to primary schools, etc.
Section 397398. Dissolution of the Council.
Section 398
CHAPTER XXIII